Defending a Closure Order

A closure order is brought before the court by the police and local authority upon a premise that the property concerned is the site of persistent anti-social behaviour or illegal activity and is seen to be the cause of a persistent, serious nuisance. Such an order will close a building for at least three months to everyone, including those that live there; breaching the closure is a criminal offence.

Possible grounds for a closure order

It is up to the court to determine what exactly constitutes ‘persistent serious nuisance’ or ‘significant and persistent disorder’ and many things may be considered, including, but not limited to, the following:

• Constant and excessive noise at all hours of night and day.
• Large numbers of people coming and going constantly.
• Violence and crime committed in or around the premises.
• Threatening behaviour towards local residents.
• Any instance of a firearm being discharged in or near the premises.
• Disorder associated with alcohol or drug abuse.

Defending a closure order

If a closure order is made on your property it is vital to contact a housing solicitor immediately. This type of order is intended to halt the distress caused to local residents by anti-social behaviour that is associated with a property, rather than an individual, for which an ASBO would be used. In order to defend a closure order you will have to prove that the anti-social behaviour is either not occurring or is not associated with the property. Government agencies use the period of the closure order to attempt to tackle the underlying causes of anti-social behaviour and working with them can help get the order lifted more quickly, in addition to helping you deal with any problems you may be having. A disrepair solicitor or housing possession solicitor may be able to help you deal with the issues that have resulted in a closure order being issued. Most housing solicitors have these kinds of specialists available to advise their clients.

Protection of vulnerable individuals

It is a criminal offence to access a property that is under a closure order, so do not be tempted to remain in your house if it has been closed. Children and vulnerable people are taken into consideration when a closure order is implemented; they will be moved to safe housing and a resettlement programme may be required, especially if a vulnerable person has their property closed due to other people taking advantage of them. Seek help form the council and homelessness agencies if you are worried about the effects of a closure order on your home; a housing solicitor will be able to help you and ensure that your legal rights are not contravened.  

If your home is being used for illegal or anti-social behaviour and you are worried that it may become subject to a closure order then speak to housing solicitors, the Citizens Advice Bureau or the police immediately; there may be things that can be done to help prevent you losing your home to a closure order

Tier 1 Exceptional Talent visas

For migrants from outside of Europe who are classed as world class exponents of the fields of science, humanities, engineering or the arts, who are intending to perform a period of work in the UK an Exceptional Talent Visa UK is required.  This type of visa is evaluated by the means of the UK Border Agency points system, and is specifically for overseas applicants that are not part of the EEA (European Economic Area), or a Swiss national.  It is recommended that before applying, and with the help of an immigration lawyer, the policy guidance notes for this type of visa are read through carefully in order to check the person is applying for the correct type of visa.

Border Agency guidelines

All applications for an exceptional are subject to the general grounds for refusal.  This means that, even if the person qualifies under their relevant category, any previous immigration issues (such as a past visa refusal or a deportation) could warrant a refusal from the UK Border Agency.  For a successful application under the UK Border Agency points system, 75 attribute points must be scored for entry clearance.  In order for a person to qualify for indefinite leave to remain under a Tier 1 exceptional talent visa, they must score 75 points on attributes, and a further 10 points must be scored for English language.  Points are also awarded depending on the assessment and judgement of a ‘designated competent body’.

A ‘designated competent body’ is an organisation that has world class authority in their respective fields.  There are four organisations that are registered with the UK Border Agency as each being a ‘designated competent body’.  The four companies are The British Academy, (for humanities and social science applications), the Arts Council England (arts and cultures), the Royal Society (natural and medical science research) and The Royal Academy of Engineering for engineering applications.    

The appropriate designated competent body will be asked by the UK Border Agency if they are willing to endorse the person and their application.  The criteria for deciding whether a person is classed as being exceptionally talented can be discussed with experts at our immigration law firm.  Getting one of these visas is not easy, and there is a limit of only one thousand permitted this year, so the help of immigration lawyers can strengthen the case for application.

Extension

For an extension application for the person to remain in the UK for a further period of time, it must be shown that the person has earned money through the result of self-employment or employment in the field for which they have been endorsed.  All documents that are required should be sent as originals and not copies, and proof of income, current financial status and identity will be required.  For an extension on a Tier 1, the applicant must also pass an English language test.  English is the most widely spoken language in the UK and knowing the language to a good working level is considered important for successful integration.  As immigration solicitors we know that this type of process may appear time-consuming and complex, and that is why we offer expert guidance and support for many cases concerning immigration law.

Tier 5 Temporary Worker visas

A person who will be taking part in a limited period of work in the UK will need to submit an application for a Tier 5 temporary work visa UK.  There are several categories of Tier 5 work visa and it is important that the applicant chooses the correct form to fill in.  For many of these categories it is essential that the worker has a solid job offer from their licensed sponsor in order to proceed with the visa application.  The type of application depends on the job that the person intends to do in the UK.

Athletes

For musicians, entertainers, professional athletes, actors and creative artists the correct approach is to apply under the creative and sporting Tier 5 worker visas.  The applicant must have a verified sponsor and a valid sponsorship certificate in order to proceed with the application.  For athletes and sportsmen and women, their sponsor must be endorsed by a recognised governing body of their relevant sport.  When a person applies for a creative and sporting visa they are awarded a number of points that will be based on the sponsorship details and the funds available to the visa applicant.

When a sportsperson or creative worker is accepted for a temporary worker visa they are free to live and work in the UK for a maximum of 12 months, or for the period stated in the certificate of sponsorship, plus 28 days.  For more detailed advice on the requirements of an athlete, many turn to our immigration law firm to help them through the process of applying to the UK Border Agency.

Charity workers

The charity worker sub-category of the Tier 5 temporary worker visa applies to people who are coming to the United Kingdom to do unpaid voluntary work.  In order to make the application, the person must have a sponsor and a sponsorship certificate and the work must be directly related to the company that is sponsoring the worker.  Immigration solicitors will help to guide the worker and organisation through a successful term of employment, and will oversee the application process to ensure all the boxes are ticked for a strong case.

Multiple entry certificates

For those who will have to leave the UK maybe several times during their allotted work visa period, a multiple entry certificate of sponsorship can be assigned to a person by their sponsor.  If the initial period of the temporary visa is six months or less then the person cannot return after leaving the UK.  An immigration lawyer would advise that the worker must reapply from abroad in order to re-enter the United Kingdom.  Other sub-categories for a Tier 5 temporary worker visa include religious workers such as pastors, preachers, and general religious workers of various religions.

The Government Authorised Exchange category is for people who will enter the UK as part of recognised schemes that intend to educate on British culture and knowledge and various other subjects.  A resident of the EEA (European Economic Area), or Swiss national, does not need to apply under the points based system.  For further enquiries, contact our immigration lawyers.

UK Passports

Applying for a UK passport for the first time is a painless process provided the individual supplies the correct documentation with their application.  Although the process and requirements vary depending on the status and nationality of the individual who is applying for the passport, British citizens can apply in a variety of ways.

Legal requirement for overseas travel

If a person is a British citizen, or overseas territories citizen, a British national (overseas), or a British subject or protected person, then they have the right to apply for a British passport.  To be authorised as having British citizenship for a person whose birth date was prior to 1st January 1983, the person must have had ‘right to abode’ in the UK.  A person with right to abode has no restrictions within the UK and is free to work and live in the United Kingdom.  A right to abode also gives the person the right to enter the UK legally without permission from an immigration officer.  People who were born in the UK before the above mentioned date qualify for right to abode, as do those who have been naturalised, or those who have registered UK and Colonies citizenship.  Our immigration law firm can provide assistance to anyone who may be unclear on their current state of eligibility for a UK passport.

Those born after 1st January 1983 are classed as a British citizen if their mother or father was a British citizen or classed as ‘settled’ when the applicant was born.  In the majority of cases a person is classed as a British citizen if the mother or father of the individual was born in the UK, or naturalised in the UK.  If a child is under 16 and the applicant is the British legally recognised parent then the child can receive a child passport.  It is possible to receive a fast track service if the applicant needs the child passport in a hurry.  To qualify for this, the person must pay a fee and submit the complete range of required documentation (original copies).  This will see the child’s passport processed and delivered in one week, and this service is also available for the renewal of passports.  Special rules for passport applications apply if the child is adopted, fostered or born through surrogacy.  As immigration solicitors we can provide help and advice on passports for British nationals and also if the person is not of British nationality.

Group passports

Group passports can also be applied for if the correct criteria are met, and to find out more contact our immigration lawyers.  These passports are not for families, and are intended for the use of groups of school children, guides, scouts, sixth form students and other different youth organisations.  In order to qualify for a group passport, everybody in the group must be a British national and under the age of 18 at the end of the trip.  There must also be a group leader with the group who is over the age of 21 and holds a valid 10 year passport.  An immigration lawyer will provide assistance with any queries relating to any of the above subjects.

Advice for tourists/visitors to the UK

It is not widely known that in some cases general visitors to the UK should apply for a visa.  This is not applicable to everybody who comes to the country as a visitor, but guidelines should be checked to ensure whether a person should or should not apply for a tourist visa UK.  There is a list of countries on the Home Office website that are classed as the homes of ‘visa nationals’.  In order to check whether a tourist visa is required, an individual must check the list, determine whether their status is that of a visa national, and contact an immigration law firm in the UK to help them progress their application.

Who needs what and why

Visa nationals are not the only classification of people that are required to apply for a visa to visit the UK.  If a person is classed as stateless (without nationality), or they hold a non-national travel document, then they are advised to pursue a tourist visa to enter the country.  Any person who holds a passport that is not recognised by the United Kingdom should also apply for a tourist visa.

Those who are not required to have a visa must bring the correct documentation to the UK border control, and if all requirements are not met then it is highly possible that the tourist will be denied entry to the UK.  An immigration lawyer will help a person to ensure that the correct procedures are adhered to.  Although it is not a legal requirement to have a general tourist visa, it is highly recommended that a person should get one, even if they do not have to.  The correct visa will save the visitor time at border control, as entry into the country can be processed more efficiently.

Visa criteria

There are cases where even though they do not need a visa, it is strongly recommended that people with certain backgrounds apply for one in order to help their case to enter the UK as a visitor.  These cases include anyone who has been refused entry into the United Kingdom, or anyone who has been deported or removed from the country in the past.  If a person has breached terms of a previous visit to the UK by working illegally, or staying in the country past the allotted date of the agreement, then their case is compromised, and a tourist visa should be applied for.  If in the past a person has been refused a visa, this will show on record when they turn up at border control and their documents have been registered.  Immigration solicitors recommend that, in this case, the person should apply again for a visa.  If on any previous visit the tourist was asked by a border official to produce a visa on their next visit, and the individual does not do this, it is highly likely that the person will be refused entry to the UK.

Immigration lawyers are in place to help a person with any queries they may have regarding tourist visas, and those with reservations should contact our experts for advice.

Further Leave to Remain for partners of British citizens

Further Leave to Remain for partners of British citizens

Further leave to remain UK is for those who are already in the country and wish to apply for an extension to live in the United Kingdom.  If the partner of the applicant is a British citizen, settled in the UK, or is in the UK under humanitarian protection or refugee leave, then form FLR (M) must be completed fully.  For the applicant, and also any children under the age of 18 who wish to apply for further leave, it is necessary that all reside within the UK at the time of application.  If the claim for extension has been denied it may be possible to extend the duration of the stay in UK using exceptional compassionate circumstances.  Discussing the options with an immigration solicitor will clarify the details of all processes associated with further leave to remain.

Presenting the case

To present the possible case for further leave, the correct documentation must be provided in its original format.  A few examples of the type of documents required as evidence include the valid passport or travel documents of the applicant and anyone else included in the claim.  The full birth certificate of each child is necessary, stating the names of the parents of each child that is under 18 years of age.  Photographic evidence will also need to be provided.  For form FLR (M) this includes two passport size photographs of the applicant with their full names written clearly on the back of the pictures.  One passport sized picture of the partner or fiancé of the applicant with their full name written on the back should also be provided with the application forms.  Any children that are included with the main applicant should also provide two passport sized pictures with their name stated clearly on the back.

Immigration lawyers can help a person to make sense of the complexities of the process, and anyone with any doubts or concerns about the process should contact Duncan Lewis and arrange a consultation to discuss the matter.  The requirements for qualification of further leave to remain include the necessity that the UK Border office is satisfied that the relationship between the applicant and their partner is a genuine and valid continuing partnership.  The character and conduct of the person making the application must also satisfy the criteria laid down by the Home Office website. Any money that is owed to the NHS will be taken into account as part of the character assessment, and full co-operation with the Border Office is advised, as the compliance of the applicant within the process will also be assessed.

Immigration law

The immigration status requirements state that the person must not be in the UK as a visitor, or have leave of six months or less, or be in the UK with temporary permission.  Our immigration law firm will help to fine tune the details of the application, helping the client to receive the decision they hope for. The person making the claim must also meet a set of financial requirements that can be discussed in further depth with an immigration lawyer.

Entry Clearance (EC)

Entry Clearance (EC)

UK entry clearance is carried out by entry clearance officers overseas in order to decide if a person is qualified under the immigration act to enter the UK.  In many cases entry clearance is a mandatory procedure, but for others the process is optional.  In every case the final decision rests with the immigration officer at the relevant port of entry.

A visa national is an individual who is classed as a stateless person, and who resides in one of the countries listed by the UK Home Office on their visa and transit visas national page.  A visa national must also hold a passport that was issued by an authority that is not recognised on the shores of the UK.  It is necessary for visa nationals to obtain an entry clearance before departing for the UK.  A circumstance where it is not necessary for visa nationals to pursue an entry clearance is if the person is returning as a resident.  Those who have already been given permission to stay in the UK and are returning after briefly leaving the UK within the dates stated for the permitted stay, are also not required to have entry clearance.  Any questions regarding the required paperwork and document evidence for a visa national can be directed to our immigration law firm in order to get expert advice.

Non-visa national

A British subject, British national (overseas), or a person that is from a country that is not listed by border control on the UK visas and entry clearance page, are classified as non-visa nationals. It is not necessary in the majority of cases for a non-visa national to request an entry clearance. Exceptions to this rule include if the person is coming to the UK for more than six months, or if a person is travelling to the UK under a different category or classification, for example, as a fiancé. Immigration solicitors will be able to help a person to discover which category they fall into.

Deportation

If a person has been deported from the UK at any time, a revocation request for the deportation order must be submitted and accepted before they are allowed to travel to the UK (non-visa national), or apply for an entry clearance (visa national).  Any application made by a person who has received a deportation order will be automatically denied an entry clearance, and entry that is in breach of order is a criminal offence.  This also applies to individuals who are within the EEA.  If a request for the revocation of a deportation order is successful, the UK Border agency will submit notice that, although the revocation has been accepted, the person still does not automatically have the right to enter the UK.

Our expert immigration lawyers at Duncan Lewis can help an individual to present sufficient evidence supporting a claim for the revoking of a deportation order.  To find out more information, an immigration lawyer should be consulted as this will ensure that the person files the form and document evidence correctly and stands every chance of receiving the right to apply for entry clearance.

EEA Registration Certificates

EEA Registration Certificates

The EEA (or European Economic Area) comprises 27 countries, most of which are a part of the EU. Swiss nationals and immigrants in the UK wishing to legally work and earn are advised to complete an EEA form in order to authorise their work status.  The EEA registration certificate confirms the right of an EEA national to live and work inside the UK.  Not all workers are required to complete the form. If, for example, a person has been working in the UK and has acquired permission through the UK Border Agency points system, then they are not required to complete the form.  In order to execute immigration applications and future paperwork efficiently however, it is advisable for workers and seekers of temporary or permanent residency to apply for EEA certification.  Workers from countries within the EEA umbrella are not legally obliged to fill in an EEA form, but anyone with doubts as to their eligibility for work should contact an immigration lawyer from our team.

Get the right form

There are a variety of EEA forms that relate to the confirmation of the circumstances of an individual and their family.  To be sure that the person is following the correct path, our team of immigration lawyers will help at every turn.  For general purposes, EEA1 must be completed, and for those who are seeking permanent residence in the UK, form EEA 3 is needed for EEA nationals and their EEA national families.  There is no fee required for an application on an EEA form.  Anybody who is unsure of the correct steps to take should contact our immigration solicitors to clarify the procedure and receive the benefit of our experience.

There are some forms of documentation that are required in order to complete an EEA application, and the applicant should supply passports or ID cards for every member of the family that is to be on the application.  Photograph evidence is also needed, and two passport size photographs of every single person on the application should be supplied with the completed forms.  Evidence of employment must be included, this could be in the form of a work contract, and if the person is a student then they should supply evidence of their study path and university.  If the worker is currently unemployed, then evidence of registration with the unemployment office is required.  This can be done from the jobcentre or from a recruitment agency.  It is also advised that evidence that the person concerned is seeking work should be provided with the documentation.

Registration

Filing an immigration registration certificate can appear to be a daunting process, but our immigration law firm experts regularly make the procedure as painless and efficient as possible for our clients. Those who are exempt from the need to complete and submit an EEA registration certificate include workers who have leave to enter the UK under the 1971 Immigration Act without any restrictions. Workers who have been living in the UK and have also been partaking in permitted work for 12 months or more are also exempt from EEA certification requirements.

UKBA Update: Premium Booking Service Appointment Process

According to an article published on UKBA's official website From 18 August 2013, people looking to book a premium appointment at a Public Enquiry Office (PEO) will have to pay full application cost and booking fee via a new online system.

This will help to reduce the number of people abusing PRO system. At the same time, it will also help to access PEO appointments easily.

The online payment system will collect entire fee upfront. It will include application fee, the premium fee of £375 and non-refundable appointment fee of £100.

For more details, please read the article:
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2013/august/13-premium-booking   

This update is brought to you by Duncan Lewis immigration solicitors.

Immigration Cases backlog Hits All Time High in UK

According to a report launched by MP Keith Vaz, the backlog of unsolved 5,00,000 immigration cases will take another 37 years to be resolved. The statement was made after considering the current rates of UKBA to solve a case.

Referring to UKBA's work last year, the committee discovered an additional 190,000 cases in a "temporary and permanent migration pool".

Vaz said: "The backlog of cases has now hit a staggering half a million people. This could fill Wembley stadium to capacity six times over. It has risen by 56% in just three months. At the current rate it will take 37 years to clear and the Home Office cannot confirm that this is the last of the backlogs."

If you require UK visa and want to get it clear at its earliest, you must contact expert immigration solicitors in London to file your case.

Source: http://www.theguardian.com/uk-news/2013/jul/13/immigration-backlog-37-years-clear

Bringing a Claim for Unlawful Eviction

Landlords are not permitted to evict a tenant without following the correct procedure, which involves issuing a section 8 or section 21 notice stating that they are seeking a possession order to have their property return to them. The section 8 notice is served during the first six months of a tenancy agreement and must have grounds associated with it; usually the non-payment of rent, although the tenant breaking any part of the tenancy agreement can also be used. A section 21 notice is relevant for seeking possession after the first six months of tenancy and requires no grounds; it can be served at any point, as long as the date that the land lord requires possession of the property by is not within the first six months of the original agreement. If you think you are being evicted illegally contact a housing lawyer immediately for advice and help.

Lawful eviction

If the landlord has followed the correct procedure and served notices at the right time they still have to obtain a possession order from the court to enable them to reclaim their property. A section 8 claim will require a court appearance and if they wish, the tenant may attend to give reasons why they should not be asked to vacate the property. There are some grounds that make a possession order mandatory, such as the tenant being more than two months in arrears with the rent; however, a court may give you extra time to catch up before an eviction if they feel you intend to make good the outstanding debt. Consult a housing solicitor for more information.

Grounds for an illegal eviction claim

If your landlord has not served a section 8 or section 21 notice; but still evicts you, it is likely to be illegal. Changing the locks whilst you are away or physically removing you and your possessions from the property are both illegal and a housing possession solicitor will be able to help you request an injunction to get your home back and prevent the landlord from repeating the unlawful eviction. Harassment is also a criminal offence and if the landlord is making you feel that you have no choice but to move out or is refusing to carry out repairs to the property, you have good grounds for a harassment claim. In such cases, consult a disrepair solicitor or housing solicitors to help you navigate the court procedures and deal with the legal paperwork. Obtaining an injunction to prevent your landlord evicting you illegally means that any further attempt to do so will be in contempt of court and he or she will face a fine and perhaps even a custodial sentence. You may also be able to claim any costs you have incurred and compensation for distress caused.

The laws relating to illegal eviction are there to protect tenants, so if you feel under pressure to move out or are physically removed from the property, contact the police and a housing lawyer right away; illegal eviction is a criminal offence and the courts are able to move very swiftly to get you back into your home.

Bringing a Claim for Disrepair

Every landlord is obliged to maintain his or her rented property in good order, whether this is stated in your rental agreement or not. If your landlord fails to make necessary repairs to the property that you are living in then you are able to make a claim against them for any discomfort, inconvenience or illness that may arise from the defect. It is a good idea to seek advice from a housing solicitor before making a claim as there are procedures that need to be followed and it would be a waste of time if your claim were to be rejected due to a technicality.

Procedure for the tenant to follow

Before making a claim against your landlord for disrepair damages, make sure that you have a valid claim. It is the responsibility of the tenant to make the landlord aware of the need for repairs to be done and then give sufficient time for them to carry them out. There is no set format for notifying your landlord, telling them verbally is fine, but putting details of the problem in writing and keeping a dated copy may be useful if you need to bring a claim. The tenant must also allow access to the property for the landlord to inspect the problem and for contactors to fix it; there is no claim if you refuse to allow access. It is always a good plan to check with housing lawyers before bringing a claim.

Valid grounds for a claim for disrepair

The landlord is legally obliged to repair any damage or disrepair to a property as long as the tenant is complying with the terms of the tenancy agreement; check with a disrepair solicitor for details on what is and is not covered under section 11 of the Landlord and Tenant Act 1985, which deals with disrepair. The landlord is not required to improve the standard of a property above reasonable living conditions, nor is he or she liable to fix any damage done by the tenant, either by accident or on purpose. If a tenant decides to make renovations without prior consent and this damages the property it is the tenant that must make the repairs. A tenant cannot withhold rent in protest for repairs not being done, although they can come to an arrangement with the landlord to have the repair done themselves. If you decide to do this then be sure to get written quotes and written agreement from your landlord, stating what you will be repairing and how much you have both agreed it will cost. 

If the disrepair is related to your landlord trying to evict you; for example, if he or she is refusing to make repairs because they want you to move out, then seek advice from a housing possession solicitor, as you may have a case against your landlord for harassment, which is a criminal offence. Housing solicitors will be able to help you navigate the procedures and paperwork and ensure that you have a valid claim that will stand up in court.  

An Immigration Law Firm Can Help in Obtaining Business Visitor Visas

The business visitor visa UK is for those who intend to be here for a fairly short period of time.  Only those who are resident outside the EEA or Switzerland will need to make an application for this visa. Immigration solicitors will be able to guide the applicant through the process of making an application for this type of visa, but there are some basic regulations that will need to be followed.

The applicant must be at least 18 years of age and must not be planning on staying in the UK for more than six months, though the stay can be longer for an academic visitor. The applicant should have no plans to remain in the UK for a period of time longer than this. It is also important to demonstrate that the applicant is able to support him or herself during their stay and will not be requiring any assistance from the state. The applicant should be based in a foreign country and must retain this home address during their stay in the UK.

The applicant’s salary should be paid from the overseas company although it is acceptable to be paid reasonable expenses from the UK. A business visitor visa cannot be used for a worker who intends to take the place of a UK worker, even if it is for a short period of time.

Immigration lawyers will explain the restrictions that are in place for those who are granted a visa, but this will include not being able to take on any other kind of employment or sell any goods to the public. Studying while in the UK is also not permitted and it is also not possible to get married in the UK while on a business visitor visa. The applicant will also not be able to seek private medical treatment.

The immigration law firm consulted will be able to offer advice on the correct documentation that is needed to support the application and demonstrate that all the requirements are met.

So what can a business visitor do while they are in the UK? The list of business activities that qualify is long and an immigration lawyer will be able to define if the applicant’s work will qualify. It may include being part of a film crew working on location, working for overseas news media, working as an academic visitor, a religious worker or an advisor or consultant on a specific project. It can also include visiting to undergo training that is provided at the UK branch of the company employing the applicant or undertaking a secondment.

This type of visa can also be used by those who are attending meetings or conferences, arranging a contract or negotiating an agreement, carrying out research or conducting a site visit. The visitor could be a representative of a machinery manufacturer who is intending to install equipment or be employed to interpret for another worker. The details of the employment and the reason for visiting the UK will need to be given on the application.                    

Resolve Housing Benefits Issues with A Professional Housing Solicitors Firm

For many tenants in the UK, housing benefits are an issue of great concern. A tenant may be entitled to housing benefit if they are on a low income or in receipt of other benefits. Housing benefit can cover all or a percentage of the rent paid by a tenant. Housing benefit is available whether a tenant is working or unemployed, as it is based on income. A tenant may also be entitled to assistance to pay rent if their benefits are stopped. If a tenant has any concerns about their benefits, they can contact a housing solicitor such as Duncanlewis.co.uk for advice.

In most cases, someone will not get housing benefit if they have savings in excess of £16,000. Those residing in the home of a close relative are not entitled to housing benefit either. Other ineligible parties include asylum seekers in the UK and those who have been sponsored to be in the country. A benefits adviser or the local council will advise someone on whether they qualify for housing benefit, as will a housing solicitor. If a tenant is in receipt of housing benefit and their circumstances change – perhaps because they start working – they should inform their local council, as the change will impact on how much housing benefit they get.

Tenants in receipt of other benefits should get in contact with Jobcentre Plus, which will forward on details of a housing benefit claim to the local council. Those not receiving other benefits can obtain form HCTB1 from their local council or download it from the internet. It might be possible to backdate a claim – a local authority will be able to tell a tenant this. Housing lawyers are another source of advice. A disrepair solicitor will advise clients on any issues relating to the state of a property paid for using housing benefit.

If a tenant is in disagreement with their local authority over a housing benefit decision, they can ask for more information on how the decision was made or ask for a review. They can appeal the decision, which is a process that may be passed to an independent tribunal. Some people may feel better served by independent advice, and this is where a housing solicitors firm such as Duncanlewis.co.uk can prove useful. It is also possible for a tenant to submit a claim in advance for a period of up to 13 weeks. This time period increases to 17 weeks for those aged 60 and above. A claim in advance can prove useful for those who are moving properties, although typically they will not get any monies before they move.

The amount of housing benefit granted is not predetermined. It will depend on income, as previously outlined, and whether a tenant is renting privately or from a council. From April 2013, tenants residing in council accommodation or other social housing who are determined to have at least one extra bedroom in the property could have their housing benefit reduced by 14% for one extra bedroom or 25% for two or more extra bedrooms. A housing possession solicitor will assist clients with any concerns they may have.

Those tenants in dispute over housing benefit, or those tenants who are unsure of their rights, can use a professional housing solicitors firm for independent advice.

Homelessness Applications in Conjuction With Housing Solicitors

If a person finds himself or herself homeless in the UK, one of the country’s local authorities might have to provide them with accommodation. As a first step, someone who has been made homeless should contact their local authority’s housing or homelessness department. The relevant department will assess a person’s circumstances and determine the level of assistance they should be granted. A housing solicitors firm such as Duncanlewis.co.uk can advise clients on all aspects of UK law as it applies to homelessness.

While a council is assessing a person’s circumstances following a homelessness application, the applicant may be entitled to avail him or herself of accommodation on an emergency basis. Housing lawyers can discuss clients’ rights in this respect. The council may also be obliged to protect a homeless person’s belongings while they are living in temporary accommodation. The majority of councils will store items such as furniture, and will make sure that the items are kept safe until the person is able to protect their belongings themselves or until the council no longer has to provide that person with accommodation. It is likely that the council will require payment for looking after someone’s belongings. For someone with pets, the council should look at the option of arranging accommodation for them; however, councils can often be reluctant to do so. Anyone who has been made homeless and who has pets should see if friends or family could take care of their animals. They may have to seek having their pets re-homed using an animal welfare charity.

A decision on homelessness status will be issued in writing and if a person is deemed not to have a local connection, they may be sent to another authority. The decision letter has to explain why the decision was made and must set out the process of appeal. Those deemed homeless and entitled to assistance will be offered temporary accommodation on a longer-term basis and may be entitled to permanent accommodation once it becomes available. If a person is not accepted as being homeless by a local authority, their temporary accommodation will no longer be available to them. For those seeking advice on the law as it applies to homelessness, a housing solicitor can be a good source. A housing possession solicitor can help clients under threat of homelessness because of repossession of the family home.

When someone attends a local authority office for an interview, the advice and assistance provided will depend on their circumstances. If someone is homeless or is under threat of being made homeless in the next 28 days, the council is obliged to take certain steps. They must accept an application; they must offer advice and assistance on how the person can prevent homelessness; and they must offer advice on finding alternative accommodation. Housing solicitors firms will be able to discuss how to use the law effectively in cases of homelessness.

For those provided with emergency accommodation, the type of accommodation available depends on the local authority area. At present, councils are often using hostels or bed and breakfast establishments to meet emergency accommodation needs.

Accommodation provided on a temporary basis has to meet the needs of the household in question. Duncan Lewis housing solicitors can advise on seeking redress.

Housing Solicitors Can Stop Harassment

Private-sector tenants in the UK should know that if their landlord wishes them to vacate a property then he or she must adhere to strict procedures, depending on the tenancy agreement. If the landlord does not follow the correct procedures, they could be guilty of illegal eviction or harassment of tenants. Housing solicitors will advise tenants if they have a case on the grounds of illegal eviction or harassment.

Under UK law, a case for illegal eviction or harassment will, as previously mentioned, depend on the type of tenancy agreement signed. In the case of assured shorthold tenancies (ASTs), which typically govern a tenancy conducted week-by-week or month-by-month for six months minimum and with no fixed date for the end of the tenancy, a landlord will under most circumstances have to issue tenants with a notice to quit. This must be issued in line with the terms of the agreement. Housing lawyers have detailed knowledge of the law as it applies to landlord obligations. If a tenant does not leave the property by the date in the notice, the landlord is required to have a notice of intention to seek possession sent to the tenant, informing them of the landlord’s intention to seek a court order for possession of the property if the tenant does not leave. A court order, if sought and granted, gives a landlord permission to evict a tenant. In disputes over the state of a property, a disrepair solicitor will advise clients on the law. 

In the case of fixed-term ASTs, which last for at least six months, landlords are again obliged to give tenants notice to leave in a certain way. A housing solicitor will advise clients on all aspects of tenancy agreements. 

If a tenant has signed an excluded tenancy or license – they may live with their landlord, for example – the landlord does not have to take a case to court to have the tenant evicted. They are obliged only to issue a tenant with reasonable notice to quit. The length of time of this notice depends on how often a tenant pays rent. If they pay rent weekly, the notice will be for one week. 

If a tenant believes that they have been given insufficient notice to leave, housing solicitors such as Duncanlewis.co.uk can advise them about their rights. For tenancies that commenced before 27th February 1997, landlords are obliged to adhere to different rules and tenants have increased protection in the event of an eviction. A housing possession solicitor can advise tenants on their rights.

Harassment can be said to be anything that a landlord does, or does not do, that results in tenants feeling unsafe or being forced to leave a property. If a landlord were to cut off the electricity to a property, this would constitute harassment. Other examples include failing to give tenants keys, refusing to do repairs, and issuing threats or using physical violence.

A landlord may have carried out an illegal eviction if they fail to give a tenant sufficient notice; change the locks on a property, thereby denying tenants access to it; or evict tenants without first obtaining a court order. 

Tenants who believe that they are being harassed or even illegally evicted should contact Duncan Lewis housing solicitor for advice.

Co-habitee’s rights

Under UK law, the rights of an unmarried couple are very different from those enjoyed by a married couple or those in a civil partnership. If two people are co-habiting, whether they are of the same or different sexes, they will be treated differently under the law regardless of how long they have lived together. UK law does not recognise a common-law wife or husband. If someone enters into a co-habiting arrangement, it is essential that they know where they stand legally. A solicitor dealing in family law, such as Duncanlewis.co.uk, will be able to assist clients with any issues they have in respect of co-habitee’s rights. 

If a couple are co-habiting and one of the individuals in question has no financial stake in a property, they have absolutely no right to any part of that property if the relationship finishes no matter how long they have been residing there. If the couple were married or had entered into a civil partnership, property rights would be granted. A housing possession solicitor can advise on property rights.

If one partner in a co-habiting arrangement dies without having left a will, the other partner could very well inherit nothing. Under the law as it applies to individuals who fail to make a will, there is no provision for a non-family member who is not a spouse or civil partner. The nightmare scenario in this respect is that a partner dies, a family member inherits the property, and the grieving partner is left homeless. Housing lawyers will provide advice to those in such a situation.

The law in relation to co-habiting couples is somewhat different if there are children involved. The law continues to treat each partner as a separate individual, but the parental responsibilities of both partners to a child are considered. For example, there may be child maintenance payments should the couple break up and there might even be grounds for continuing to live in a property. 

It might not be something that a co-habiting couple wishes to discuss but talking about what might happen if the relationship ends or if one partner dies is sensible, given the lack of co-habitee rights under UK law.

There are steps that someone living under a co-habiting arrangement can take to protect themselves. If the couple rents a home, they can ensure that both names are entered on the tenancy agreement. In the case where the couple buy a home, or if one partner is moving into a home owned by the other partner, consideration needs to be given to whether the couple should sign as joint tenants or tenants in common. Under a joint tenant arrangement, the couple jointly own the whole property. In contrast, tenants in common each enjoy a particular share in the property and a decision can be made in advance on how the property will be split in the event that the couple break up.

A cohabitation agreement will allow a couple to make decisions on what will happen to a property or any other assets jointly owned should one half of the couple die.

Anyone with concerns about co-habitee’s rights should consult a solicitor, such as Duncanlewis.co.uk, for professional advice. 

Clinical Negligence

A clinical negligence claim arises when someone seeks financial compensation for harm allegedly caused owing to poor clinical care, whether it is a delayed or incorrect diagnosis or the wrong treatment. In many cases, negligence by hospital claims occur because of substandard communication. A clinical negligence solicitor such as Duncanlewis.co.uk will assist clients in preparing a case.

If a negligence by doctor claim is to be successful, the alleged victim, or the person bringing the case on their behalf, has to be able to prove that negligence occurred on the balance of probabilities. In addition, they must be able to show that there was breach of duty – that the treatment given was treatment that no practitioner acting within reason would have given. There has to be proof that the breach of care resulted in or was a significant factor in the injury, loss or damage that occurred, and that the injury would not have arisen if the breach had not occurred. This is known as causation. 

Before a case can reach the court, clinical negligence pre-action protocol can be triggered to help resolve a claim without the stress involved with a court case. There are limits on the time within which the protocol can be used, however, and if it is to work then the two parties must be prepared to cooperate.

Under the protocol, if a patient or their solicitor asks for a copy of the patient’s record and has received the consent to do so, the request has to be acknowledged within 14 days and copies of the records have to be given out within 40 days. If a client wishes to proceed with a claim, a letter of claim must be sent to the clinician outlining the client’s version of events and the compensation they are seeking. Within four months, those acting on behalf of the doctor have to submit a letter of response.

If a case proceeds, a patient is unlikely to have to go to court because the majority of claims are discontinued or are solved using mediation or negotiation before court proceedings can get underway. Negligence solicitors have detailed knowledge of the law as it relates to clinical negligence.

During court proceedings, the clinician will be able to mount a successful defence if they can prove that a responsible body of reputable medical professionals in the field in question would have acted in a similar fashion to them; however, if someone else would have acted differently, this does not automatically mean that clinical negligence occurred. The judge will listen to expert evidence and decide whether the steps taken by the clinician in the course of treatment were the appropriate ones.

Clinical negligence cases are not limited to care in hospitals. A dental negligence solicitor will do their utmost to represent clients as they prepare their case.

If someone thinks that they have been a victim of clinical negligence then they should not hesitate to consult a clinical negligence solicitor, such as Duncanlewis.co.uk, about the possibility of staking a claim.

Bringing a Counter Claim

If someone receives notice that another party has filed a civil lawsuit against them, they can do one of three things: lodge a defence, lodge an admission, or lodge an acknowledgment of service. The latter option would be aimed either at challenging the jurisdiction of the court or to seek additional time to lodge a defence, possibly after consultation with a housing solicitor in the case of a tenancy dispute.

A UK private sector tenant against whom a claim has been lodged by a landlord in a dispute over, for example, the condition of a rented property, is within their rights to seek the advice of a disrepair solicitor and lodge a counter claim against the landlord. Counter claims come under Part 20 of the Civil Procedure Rules (CPR). Although a tenant can seek to have the landlord agree to enter mediation, which is typically cheaper and easier than going to court, if a claim has already been lodged then the situation is already likely to have deteriorated beyond the point at which mediation would work. Housing lawyers will advise clients on all of their options.

In the event of legal action, the case may be taken up by a small claims court, which handles cases where the debt is less than £5,000. This figure falls to £1,000 for cases centring on property repairs. In small claims cases, the courts offer a free mediation service; this mediation can be conducted over the phone. 

Housing solicitors such as Duncanlewis.co.uk will advise clients on the strengths of their counter claim and whether it is worth pursuing. A counter claim is best lodged at the same time as a defence form against the original claim being taken by the other party in the dispute. There is a fee for lodging a counter claim. Typically, defendants can commence the counter claim when they defend the original claim. In the majority of these types of cases, court permission is not required by the defendant. In the event of a defendant lodging a counter claim alongside their defence, the claimant is entitled to a reply and/or defence to the counter claim. Typically this will have to be lodged with the court within a timeframe of around 14 days from receipt of the counter claim.  

Tenants against whom a claim has been lodged and who do not yet have a solicitor acting on their behalf need to find a housing solicitor as soon as possible, owing to the time limits for lodging a defence and/or counter claim. 

In the event of a defendant lodging a counter claim, perhaps on the advice of a housing solicitor such as Duncanlewis.co.uk, the claimant is re-classified as the Part 20 defendant and the defendant re-classified as the Part 20 claimant. In such a scenario, court documents should name the parties using both of these titles. Should a defendant lodge a Part 20 claim against a third party, that party would be named as the Part 20 defendant. 

In considering a counter claim, the court can refuse to allow it, strike it out, or rule that it is handled under a separate claim. A housing possession solicitor has detailed knowledge of UK law as it relates to property. 

Allocation of Permanent Accommodation

The spectre of homelessness is not something that any individual would want to face up to, but for many in the UK it has or it will become a reality in their lives at some point.

If someone were to become homeless, perhaps as a result of an eviction from a rented property, they might think that their local council would step in to provide them with accommodation, even if only on a temporary basis. Unfortunately, not all people made homeless are entitled to be accommodated, and since devolution was introduced in 1999 the various regions of the UK have differed in how they allocate accommodation to the homeless. A housing solicitors firm such as Duncanlewis.co.uk will be fully versed in all aspects of the law as it pertains to permanent accommodation. Housing lawyers can assist those who have been made homeless and require legal advice. 

Only those who have been declared statutory homeless are entitled to be housed by a local council in England, Scotland and Wales. To be statutory homeless, an individual has to be entitled to public funds and has to be able to show some kind of connection to the area in which they are seeking to be housed. An individual also has to be able to show that they are unintentionally homeless – that they are homeless through no fault of their own. Clients seeking advice on securing permanent accommodation can consult with a housing solicitor. For those whose homes are under threat from repossession by a financial institution, a housing possession solicitor can offer useful advice.

In England, a person seeking permanent accommodation has to prove that they can be classified as being in priority need. A single homeless person with no dependents is unlikely to be deemed as being in priority need; however, vulnerable individuals may be deemed as being so. Although a local authority should still advise a homeless person on their rights and entitlements, many homeless people will remain misinformed about what they are entitled to. A housing solicitor such as Duncanlewis.co.uk will be able to advise those in need of permanent accommodation about the law as it governs this area. 

Since Scotland was granted devolution in 1999, the Scottish Parliament has had the authority to approve primary legislation in many areas, including housing and homelessness. Under the 2003 Homelessness etc (Scotland) Act, all non-intentionally homeless people are entitled to be given social housing on a permanent basis. 

In Wales, the 2002 Homeless Persons (Priority Need) (Wales) Order broadened out the priority need categories of the 1996 Housing Act to incorporate 16- and 17-year-olds and care leavers between the ages of 18 and 21, and those of the same age who may be financially or sexually exploited. Former prisoners who are homeless after being released were also included in the act, as were those made homeless as a result of domestic violence or its threat.

Those declared homeless and in need of permanent housing may be given temporary accommodation while the council waits for permanent housing. Those declared in priority need but who are intentionally homeless may also be given accommodation temporarily.

Anyone unsure of the law in the UK as it applies to the allocation of permanent accommodation should seek the advice of a housing solicitors firm.